Estate of Catalina Estrada

Case Number

24PR00500

Case Type

Hearing Date / Time

Mon, 10/21/2024 - 08:30

Nature of Proceedings

Petition: Letters Administration

Tentative Ruling

Probate Notes:

The following must be submitted:

Nomination of Administrator.  Petitioner does not have priority of administration over Gilbert Estrada pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

Written Objection. It appears Gilbert Estrada objected to the petition filed by Ethan Estrada for Letters of Administration. No written objection is on file.  It is recommended the Court consider Gilbert Estrada’s objection waived if the objection is not made in writing and filed with the Court before the hearing. (CRC, Rule 7.801.)

Submission of Known Will. At the hearing on October 21, 2024, it was made known to the Court that Gilbert Estrada possessed a copy of the Decedent’s known will, yet had not filed said will with the Court after Decedent’s death.

A custodian of a will has a statutory duty to file the will with the Court “within 30 days after having knowledge of the death of the testator” or else be held liable for “for all damages sustained by any person injured by the failure.” (Prob. Code, § 8200, subds. (a)-(b).)  According to the record before this Court, liability attached in at least May 2024 for all damages incurred for failure to file the will.

The Court has even ordered Mr. Amazaga to provide a copy of the will to Mr. Salgado and file it with the court, and yet there is still no will filed.

It is recommended the Court order sanctions of $1,000 per day against Gilbert Estrada until the will is filed.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009